The refusal to register the right of ownership on the basis of a court decision on the establishment of the legal fact of ownership, use and disposal is recognized as illegal.
N., being the heir of V., who died on October 02, 2009, applied to the Almaty City Department of Justice for registration of ownership rights on the basis of a certificate of inheritance and a court decision dated September 22, 2011, which established the legal fact of ownership, use and disposal of the deceased apartment by right of ownership. The registering authority motivated the refusal to register the right by the fact that the ownership of a real estate object is subject to registration in the legal cadastre, however, the court decision submitted for registration does not indicate ownership, but only establishes a legal fact. The refusal to register the right was appealed by N. to the court. By the court's decision, N.'s application was satisfied, and the registration authority of the city of Almaty was charged with the obligation to register ownership of the apartment for V., who died on October 02, 2009.
The court correctly reasoned that paragraph 1 of Article 9 of the Law, which establishes the existence of a court decision as the basis for a person's application for state registration of a right, does not contain any indication of the types of court decisions on the basis of which rights are not subject to registration. At the same time, it should be noted that by virtue of Article 282 of the CPC, the court, having recognized the application as justified, makes a decision on the obligation of the relevant state body to eliminate in full the violation of the rights, freedoms and legally protected interests of a citizen and a legal entity. In this regard, there was no need to specify in the operative part of the court's decision what actions the registration authority should perform.
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